- being unfit to drive through drink or drugs;
- being over the prescribed limit in relation to the levels of specified drugs in your blood – you can commit this offence even if your driving is unaffected by the drugs.
- perform poorly in the field impairment test, or
- give a positive drugs test, or
- you fail/refuse to take either test and the police officer suspects drugs,
- Unfit through drugs – note there are no lists of specified drugs or set levels in relation to this offence, but the police must prove that you are unfit to drive. Unfit means that your ability to drive properly is for the time being impaired.
- Over the prescribed limit in relation to specified drugs – note there are specified drugs and set levels in relation to this offence – see the table below.
Controlled drug | Limit (microgrammes per litre of blood) |
Amphetamine | 250 |
Benzoylecgonine | 50 |
Clonazepam | 50 |
Cocaine | 10 |
Delta-9-Tetrahydrocannabinol | 2 |
Diazepam | 550 |
Flunitrazepam | 300 |
Ketamine | 20 |
Lorazepam | 100 |
Lysergic Acid Diethylamide | 1 |
Methadone | 500 |
Methylamphetamine | 10 |
Methylenedioxymethamphetamine | 10 |
6-Monoacetylmorphine | 5 |
Morphine | 80 |
Oxazepam | 300 |
Temazepam | 1000 |
It is a defence for a person to prove that at the time they are alleged to have committed the offence, there was no likelihood of them driving the vehicle while unfit. However, in determining whether there was such a likelihood, the court may disregard any injury to them and any damage to the vehicle.
- drug was provided for medical or dental purposes;
- drug was taken in accordance with any directions given by whoever prescribed the drug and in accordance with the manufacturer’s directions; and
- possession of the drug immediately before taking it was not unlawful.
It’s a defence for a person to prove that at the time they are alleged to have committed the offence the circumstances were such that there was no likelihood of them driving the vehicle whilst the proportion of the specified controlled drug in their blood remained likely to exceed the specified limit for that drug. However, in determining whether there was such a likelihood, the court may disregard any injury to them and any damage to the vehicle.
- you've been prescribed them and are following medical advice on how to take them;
- they aren't causing you to be unfit to drive, even if you're above the specified limits.
The penalties for drug driving are:
- A minimum of a one year driving ban
- An unlimited fine
- Up to six months in prison
- A criminal record